On Thursday, September 3, Norbury's lawyer Ian Freckelton QC told the court an agreement had been reached.
“We have positive news,” he said, accord News Corp Australia. “The matter is resolved to the satisfaction and relief of all parties. We’re in the process of formalising the signature of a deed of release.”
Justice Peter Riordan said he congratulated the parties and lawyers. “I can only imagine the difficulties that have been involved,” he said.
The details of the settlement are not known.
As previously reported, Norbury was reportedly flying the $4 million plane when it plummeted 2000 feet a second in April 2011, his lawyer Ian Freckelton QC alleged.
The plane was flying normally on a trip from Merimbula to Essendon Airport when it suddenly turned sharply, Freckelton previously told the court.
In an “extraordinary and life-threatening event” while it was cruising on autopilot, “the aircraft did something that it had never done before,” he said.
“It took a powerful, uncommanded turn to the left. One of his passengers was actually thrown out of his seat. Over 15 hair-raising minutes he was “able to wrest control of the aeroplane,” Freckelton said, according to News Corp Australia.
Freckelton claimed this was happening while the jet was “plummeting toward the ground.”
“He nearly died,” Freckelton said.
The private jet cost Norbury over $US4 million ($AU5.4 million) when he bought it in 2007 from Kansas-based Cessna Aircraft Company since renamed Textron Aircraft Inc.
He also sued aerospace parts manufacturer Rockwell Collins Inc as part of the suit, which is claiming breach of warranty as well incidental costs.
The lawyer acting for Textron, Hamish Austin QC, argued it was Norbury’s “basic airmanship” that was at fault. He claimed there had been no reported problems for four years prior to the incident and two test flights afterwards with no identified problems.
He said the flight was “bookended” by two “striking facts.”
“There was never a problem before and there hasn’t been a problem since. What it will boil down to though is this: The pilot should have hand-flown the aircraft, instead of leaving it to the autopilot.”
The lawyer acting for Rockwell Collins, Peter Wallis, also argued the pilot’s flying had been at fault.
“Mr. Norbury believes that he is very competent pilot,” he said. “It is human nature … to rate oneself higher than is warranted in all circumstances.”
Norbury is a successful architect and head of much-awarded architecture firm METIER3 as well a property developer, and is worth a reported $50 million. He has made several cameo appearances on RHOMelbourne since his wife joined the Foxtel hit reality series when it first premiered in February 2014.
Photo Credit: Lydia Schiavello/Instagram
